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Another Federal Court Victory for ABA

January 16, 2013

CINCINNATI (January 16, 2013) -- A U.S. District Court judge has ordered Ohio to use its federal IDEA funding to provide ABA therapy for a two-year-old boy with autism.

Ruling against the Ohio Department of Health and the Clermont County Board of Developmental Disabilities, U.S. District Judge Michael Barrett rejected the state's argument that it was not required to cover ABA under the federal IDEA Part C program for children under the age of three.

The judge ordered the state to provide 40 hours of ABA a week for the plaintiff, Roman Young of Williamsburg. The boy's parents, Holly and Robert Young, had been rebuffed for a year in their efforts to get the state to pay for the therapy.

Many states already provide ABA coverage under IDEA Part C, but Ohio and other states have refused.

Barrett issued a temporary restraining order; a final decision is forthcoming.